was it legally hers to sell?

[lrogers]

missouri. my daughter and her fiance had a fight, he kicked her out of the apartment they shared(with 2 others) the next few days she was moving her things out...she noticed that her engagement ring was missing out of her jewlery box(she had not given it back to him). she went in his room while in the apartment and found the ring. she took it and pawned it. He found out that the ring was gone from his room, went to a pawn shop and found the ring. he called my husband and told him we had to give him the money to get the ring out or he would call the police and have our daughter arrested. my husband was very scarred for my daughter and quickly wired the money into her ex fiances checking account. he bought the ring back. we spoke to my daghter and she told us that she never gave the ring back to him. he took it from her jewlery box, he says she gave it back to him and then came and stole it from his room. if my daghter's story is true....was the ring legally hers and did he steel it from her first. we would like to take this to small claims court...do you think we have a case??? it cost us 1300.00 to buy the ring back(for the ex fiance).

 

[VeronicaGia]

Unless she paid for the ring, it wasn't her ring to sell.

 

[djohnson]

Your going to see alot of different comments on this one. There is another similar post and opinions differ greatly. You may want to scan to see it. I'm going to disagree and say go for it. Even if he decides to do something about it , he would have to file a civil suit as it is disputed. If he gave it to her it was her property, however it was given as a contract (alomost like earnest money) and if the contract is broken you have to look at who broke it. (Some of this is etiquette and not law). It could have so many different arguments that it could only be settled in civil court if he wanted to get an attorney and air alot of dirty laundry. My advice would be it was hers. You will see others with the same and different opinions. So you do what you feel is best.

 

[racer72]

Engagement rings are considered gifts and cannot be taken back. The ring was owned by your daughter. Sue the scumbag.

 

[JETX]

You have gotten a lot of different opinions, but none of them were based on the law.

In fact, most courts have taken the position that an engagement ring is a 'conditional gift'. That means that in the event of a breakup, the 'condition' isn't met and the ring reverts to the groom.

This approach means the gift of the ring "vests" with the would-be bride only when the condition — the marriage — occurs. Conversely, when the condition fails and the marriage doesn't happen, for whatever reason, the gift never "vests."

Simply, since the wedding did not occur, the OWNERSHIP (not to be confused with possession) did not transfer from the purchaser to your daughter. It was not her ring to pawn.





For more on this, go to:
http://writ.news.findlaw.com/grossman/20011023.html
http://www.kscourts.org/kscases/supct/1997/19970724/77150.htm
http://www.ux1.eiu.edu/~cfapg/weddingring.pdf
http://family-law.freeadvice.com/engagement_breakup_ring.htm

 

[VeronicaGia]

You have gotten a lot of different opinions, but none of them were based on the law.

In fact, most courts have taken the position that an engagement ring is a 'conditional gift'. That means that in the event of a breakup, the 'condition' isn't met and the ring reverts to the groom.

This approach means the gift of the ring "vests" with the would-be bride only when the condition — the marriage — occurs. Conversely, when the condition fails and the marriage doesn't happen, for whatever reason, the gift never "vests."

Simply, since the wedding did not occur, the OWNERSHIP (not to be confused with possession) did not transfer from the purchaser to your daughter. It was not her ring to pawn.




For more on this, go to:
http://writ.news.findlaw.com/grossman/20011023.html
http://www.kscourts.org/kscases/supct/1997/19970724/77150.htm
http://www.ux1.eiu.edu/~cfapg/weddingring.pdf
http://family-law.freeadvice.com/engagement_breakup_ring.htm

Pretty much ditto what I said, only in legal terms. It was not her ring to sell.

 

[JETX]

"Pretty much ditto what I said, only in legal terms."
***Almost. And since this is a LEGAL forum, I provided the legal basis.

 

[lrogers]

JETX thanks for the good advise. I don't think i am going to risk my time and money trying to get the money back. I guess we'll just eat this one. my daughter says that she is GOING to pay us back, it may take her 10 years....but i think she will try.

 

[lrogers]

Engagement rings are considered gifts and cannot be taken back. The ring was owned by your daughter. Sue the scumbag.

racer72, i agree with you and was hoping that more would agree also, but maybe we should just drop it.....and yes he is a scumbag, i'm glad they aren't together anymore. thanks

 

[lrogers]

djohnson

thanks for the opinion and advise. i also have heard that engagement rings are considered gifts and belong to the woman.....but there are abviously other opinions...maybe i should forget about it, and not risk a big mess.